MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            12 May 1999
	DOCKET NUMBER:    AR1999018307

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. James E. Anderholm		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his date for promotion to Sergeant E-5 be changed from 1 August 1998 to 1 January 1997 as a result of recomputation of promotion points that should have been counted on his 10 July 1996 promotion point worksheet.

APPLICANT STATES:  In effect, that he was evaluated by a promotion board in July 1996 but due to a number of deployments, he did not get to see the Retirement Point Worksheet until after the fact months later.  He found errors in the points from failure to include some education credit and award credit.  He has tried to rectify this problem with no success.  He provides with his application documents relative to his promotion points to include: a copy of his 10 July 1996 promotion point worksheet; an award order for a Good Conduct Medal; copies of education transcripts from St. John's Seminary, the Catholic University of Puerto Rico, DANTES, and the University of Maryland; training certificates for Headstart German and Italian and Driver's Academy; statements from NCOs on verifying his Army Physical Fitness Test  score and weapons qualification score; and recommendation from his commander for promotion.

EVIDENCE OF RECORD:  The applicant's military records show:

That on 10 July 1996, the applicant, who was then an E-4, was reviewed by a promotion board for promotion to E-5.  The board credited the applicant with 
567 total points.  He was promoted to E-5 on 1 August 1998.  The promotion board had education transcripts from Saint John's College and DANTE and considered an award but did not accept them for promotion points due to lack of adequate certification and documents.  These are the only details available from his Official Military Personnel Record relative to this case.

ADVISORY OPINION:  That the applicant has not submitted sufficient documentation to substantiate the supposed missing points.  Twenty-six semester hours education points cannot be credited from a St. John's Seminary transcript since the copy does not show on it the applicant's name.  Fifty-two semester hours education points cannot be credited from the Catholic University of Puerto Rico since they need to be evaluated and accepted by one of he organizations listed in AR 600-8-19, (Enlisted Promotions and Reductions) Chapter 3, page 37, item 5d.  There are no orders for a supposed Army Commendation Medal or an Army Achievement Medal so no points can be credited.  With existing records, promotion points were recomputed and found to total only 545, far short of the 606 points required for promotion to E-5 on 1 January 1997.  The applicant was provided a copy of the advisory opinion by mail dated 2 March 1999 with a 30 day suspense for rebuttal.  No response has been received as of 5 May 1999.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded that the applicant has not supplied sufficient evidence to show that he had enough points for promotion to E-5 on 1 January 1997.

In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_GDP___  _AAO ___  _JEA____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018307	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990512	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.